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(영문) 대전지방법원 2015.10.07 2014가단3587

토지인도 등

Text

1. Of the real estate listed in the list of real estate attached to the Plaintiff, the Defendant each indicated in the attached Form 14, 15, 16, 6, and 14.

Reasons

1. Basic facts

A. Division and Merger Relation 1) Before Split-gun, Chungcheongnam-gun (Seoul Special Self-Governing City on July 1, 2012), the name of the administrative district was changed to Sejong Special Self-Governing City C.

(D) On June 21, 1972, the land category was changed to that of a site on December 26, 2013, before D. < Amended by Act No. 6212, Dec. 26, 2013>

(E) The land category was changed to a site on June 25, 1998.

2) On June 21, 1972, G previous G in Yeong-gun, Chungcheongnam-gun, Chungcheongnam-do, was divided into 1,831 square meters before G on June 21, 1972, 139 square meters before H (the land category was changed to a subsequent site), and 338 square meters before I.

3) On June 25, 1998, E large 9 square meters and H large 139 square meters were combined, and E large 238 square meters were 238 square meters. B. Acquisition of ownership and possession relation 1) The Defendant acquired ownership of the above E large 238 square meters on November 19, 1976, and newly constructed a building on that ground (hereinafter “instant building”), obtained approval for use on July 23, 1981, and completed registration of preservation of ownership on November 30, 1981.

2) The Plaintiff is the Daejeon District Court’s Daejeon District Court’s 621m2 (hereinafter “instant land”).

Upon purchase, on December 5, 2013, the sale price was fully paid and acquired ownership. 【The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 3, 4, and Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. Determination

A. According to the evidence and the witness K’s testimony prior to the Defendant’s occupation of the instant land, the result of the commission of surveying and appraisal on the Korea Cadastral Survey Corporation for Sejong Special Self-Governing City of this Court, the fact-finding reply on Sejong Special Self-Governing City of this Court (as of August 7, 2015), the instant land is an area (the area where the boundary restoration surveying is conducted on the basis of the cadastral control point as at the time of surveying, without correcting the registered matters under Article 84(1) of the Act on the Establishment, Management, etc. of Spatial Data, without correcting the registered matters under Article 84(1) of the aforesaid Act), and according to the boundary restoration surveying and the result of cadastral modernization surveying on the instant land located on the instant E site, the appraisal of the instant land in the attached Form No. 14, 15, and 15.